The Commission strongly condemns the recent remark of a radio host in a radio program assigning human immunodeficiency virus (HIV) to an individual person.
Confidentiality and non-discrimination are protected under the Philippine HIV and AIDS Policy Act or Republic Act No. 11166. Article VI, Section 44 states that:
“(a) Disclosure of Confidential HIV and AIDS Information. – Unless otherwise provided in Section 45 of this Act, it shall be unlawful to disclose, without written consent, information that a person has AIDS, has undergone HIV-related test, has HIV infection or HIV-related illnesses, or has been exposed to HIV.”
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(b) Media Disclosure. – It shall be unlawful for any editor, publisher, reporter or columnist, in case of printed materials, or any announcer or producer in case of television and radio broadcasting, or any producer or director of films in case of the movie industry, or any other individual or organization in case of social media, to disclose the name, picture, or any information that would reasonably identify persons living with HIV and AIDS, or any confidential HIV and AIDS information, without the prior written consent of their subjects except when the persons waive said confidentiality through their own acts and omissions under Section 4(a) of Republic Act No. 10175, Otherwise known as the “Cybercrime Prevention Act of 2012” and Section 25 of Republic Act No. 10173, “Data Privacy Act of 2012”.
The Commission calls on everyone to respect the privacy and confidentiality of any person’s actual or perceived HIV status, more so, if the same has no factual basis. The long-standing issue of stigma and discrimination has been a barrier for people’s access testing, diagnosis of HIV and AIDS and proper counseling.
We note the apology issued by the concerned radio station for the “inappropriate statements” made by their “guest host” during their programme. We trust that necessary actions are also being undertaken to avoid similar incidents from happening. At the same time, we hope personalities with the influence and platform can use their voices instead to #EndTheStigma on HIV and AIDS.
The Commission is one with the PLHIV community and advocacy groups in raising awareness on HIV and AIDS. The successful implementation of any law lies in our collective effort to put violators and perpetrators to account and ensure that rights-holders are empowered to make claims and are active participants in the realization and fulfillment of rights. (CHR) – rir
